Defective drug cases are some of the hardest to litigate. A successful outcome requires the attorney to show that the manufacturer knew the drug had a defect and continued to market and sell it anyway.
Finding liability is challenging in these cases, as there can be multiple responsible entities. A lawyer can help you identify the at-fault party and build a strong case against them.
Types of Prescription Medication Lawsuits
You have likely seen the commercials. The image of a happy couple, a smiling senior, or a carefree woman who has just found relief in the form of a prescription drug.
At the end of the commercial, you will probably hear a speed reading of all the drug’s interactions and side effects. Why would a manufacturer tell you all of the horrible things you can experience by using their product?
The answer is that numerous lawsuits have led to new regulations, and drug companies have been held accountable for keeping this information away from the public.
If you think you have grounds for a lawsuit, contact experienced bad drug lawyers. Upon a careful review of your case, the legal expert can guide you through the legal proceedings and ensure your rights are protected.
Failure to Warn
These lawsuits come about when the drug manufacturer fails to warn the public about the potential side effects of the drug. This can also refer to side effects resulting from the misuse of the drug.
For example, some doctors have prescribed antipsychotic medication for depression leading to catastrophic outcomes. Some drug manufacturers marketed Cymbalta for treating chronic pain, even though the drug was originally intended for depression.
Drug Design Defects
These lawsuits allege that the side effects of the drug outweigh its effectiveness, rendering it harmful or ineffective. There have been drugs prescribed for depression, for example, that may further aggravate negative thought patterns. Other medications can lead to side effects like nausea, dizziness, fainting, and gastrointestinal problems.
The drug is considered tainted from the start. The problem can arise at different points. For example, the manufacturing plant may have failed to use adequate protection measures, or there could have been a problem during the delivery.
At other times, the plant uses the wrong formula to mix the drug, or the medication is diluted, decreasing its effectiveness. In this case, the manufacturer can be sued for damages.
Who Can Be Sued in a Bad Drug Case?
There are several entities you can sue if you have been the victim of a faulty drug. First, you can sue the pharmaceutical company or manufacturer for damages. These cases typically take a long time to litigate because the effects of these drug issues may not be seen for months or even years.
Typically, you can join a class-action lawsuit in which an attorney represents hundreds or even thousands of victims. In the end, each victim receives a portion of the settlement.
You can also file against the testing laboratory, the pharmacy, and the prescribing physician. Anyone involved in the chain of care, from the testing lab that puts their stamp of approval on the drug to a physician who prescribed the medication and the pharmacist who counsels you when you purchase the product, can be held liable.
All these people and entities have a duty of care to ensure the health and safety of their patients, and when they breach that duty, they have to be held accountable.
If you have been the victim of harmful drug interaction, faulty medication, or unexpected drug side effects, you may be able to sue. The courts have offered multi-million dollar awards to plaintiffs who had their lives upended due to a harmful drug.
The Bottom Line
When you have suffered from negligence or wanton disregard for health and safety by a manufacturer or physician, you should not have to suffer alone. Reach out to friends and family for emotional support and to lawyers for expert legal advice.
With a law degree under his belt and years of experience, Mark Scott set off to make the law more accessible to all. He decided to help people lost in the maze of legal terminology to find their way. Mark writes clear and concise pieces and gives simple advice that is easy to follow. On account of positive feedback from readers, he decided to dedicate more of his time to this goal and became a legal columnist. In his writings, Mark covers a wide array of topics, like how to seek legal counsel, or how to deal with different procedures. Furthermore, he directs his readers toward other trustworthy resources for more in-depth information.